KULA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This writ petition arises from a land ceiling proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act"). The petitioners -landholders seek to challenge the order dated 24.1.1989 (Annexure -1) passed by the Additional Member, Board of Revenue. By the impugned order, the Additional Member declined to entertain the revision filed by the petitioners under Section 32 of the Act on the ground that it was filed beyond the period of limitation.

(2.) While disposing of the petitioners objection filed against the draft statement, the Additional Collector, by order dated 3.8.1983. allowed five units to the landholders besides two further units for minor children amounting to 2/10 of an adult unit. The landholders preferred an appeal against the order passed by the Additional Collector. The appeal preferred by the landholders was rejected by the Collector by order dated 2.9.1988 (Annexure -2). Though no cross -objection or cross -appeal was filed by the State, the appellate Court disallowed the two additional units granted in favour of the minor children, Further the appellate Court though discussing the cases of the four persons to whom separate units were granted, remained silent in respect of the 5th person to whom the fifth unit was allowed by the Additional Collector In short the appellate order was that the units granted to the landholders were reduced to 4 from 5 + 2/10 units granted by the original authority. Against this order the landholders preferred revision before the Board of Revenue, which was registered as Revision Case 'Purnea' No. 365 of 1988.

(3.) It is an admitted position that the revision was filed beyond the period of limitation. According to the petitioners the Collector had heard the appeal on 2,9.88 and the order was reserved. It is further stated by the petitioners that they were never intimated about the date when the order was to be pronounced, but later came to learn, some time in the month of December that their surplus lands were going to be distributed. They then made inquiries in the office of the Collector and came to learn that the order was shown to have been passed on 2.9.1988 itself. An application for a certified copy of the order was then made on 20.12.1988, The certified copy was made ready on 28.12.1988 and on the same day it was received by the petitioners. The revision might have been filed within the next 2 -3 days because it bears a number of the year 1988.